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Madras High CourtWP/11367/2018dismissed as infructuous

Yesu, S/O.Aiyasamy v. The State Of Tamil Nadu

2018-08-06Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2018

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.11367 of 2018 and WMP Nos.13268, 16176 and 23883 of 2018 Yesu ..Petitioner Vs.

1.State of Tamil Nadu, Rep.by its Secretary to Government, School Education Department, Secretariat, Fort St George, Chennai- 600 009.

2.The Chairman, Tamilnadu Water supply and Drainage Board, Chepauk, Chennai-600 009.

3.The District Collector, Tirupur District.

4.The Chief Educational Officer, Tiruppur District.

5.The Head Master, Tirupur Corporation Primary School, Iduvampalayam, Tirupur.

6.The Commissioner, Corporation of Tiruppur, Tiruppur.

.. Respondents [R6 impleaded, vide court order dt.11.06.2018, made in WMP.No.16176/2018 in W.P.No.11367 of 2018] Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 5 from constructing the overhead water Tank in the playground of the 5th respondent Iduvampalayam Government Primary School against the ratio laid down by the Hon'ble Court in W.P.No.31129 of 2017.

For Petitioner :Mr.K.C.Karl Marx For Respondents:Mrs.V.Annalakshmi for R 1, 3,4 & 5 Additional Government Pleader Mrs.S.Thamizharasi for R2 Mr.S.Silamabaran, Sr. Counsel for Ms.P.Shanthi, for R6 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Heard Mr.K.Karl Marx, learned counsel for the petitioner, Mrs.V.Annalakshmi, learned Additional Government Pleader for the respondents 1, 3, 4 & 5, Mrs.S.Thamizharasi, learned counsel for the 2nd respondent, and Mr.S.Silambarasan, learned Senior Counsel appearing for the 6th respondent.

2. The petitioner has come up with the writ petition seeking issuance of writ of mandamus forbearing the respondents 1 to 5 from constructing the overhead water Tank in the fifth respondent-School.

3. The learned Senior Counsel for the sixth respondent submitted that the overhead tank proposed to be constructed in the fifth respondent-School has been constructed in a different place and there is no proposal now to construct an overhead water tank in the fifth respondent-School.

4. In light of the above said submission, the writ petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar KP To 1.The Secretary to Government, School Education Department, Secretariat, Fort St George, Chennai- 600 009.

2.The District Collector, Tirupur District.

3.The Chief Educational Officer, Tiruppur District.

+1cc to Ms.S.Tamizharasi, Advocate SR.NO.54154 +1cc to Ms.P.Shanthi, Advocate SR.NO.53920 +1cc to Mr.K.C.Karl Marx, Advocate SR.NO.53846 +1cc to Government Pleader SR.NO.54258 sm:27.8.2018 W.P.No.11367 of 2018 https://hcservices.ecourts.gov.in/hcservices/